[Last Update September 8, 2021]
§ 1 Scope
1.1 Throughout the following general Terms and Conditions (“Terms”), “we”, “our” and “us” refer to Scott Holt Fine Art, and “you”, “your” and “yourself”, refer to the user (consumer) of the website, scottholtart.com.
1.2 By accessing, viewing content from, and/or making purchases from scottholtart.com (“the website”), you agree to be bound by the Terms set out below and you accept our privacy policy set out in our Privacy Policy page. You additionally agree to be bound by German Law and German jurisdiction regarding any disputes arising from the implementation and/or enforcement of these Terms.
1.3 We reserve the right to change any part of this agreement at any time without notice. A date stamp is provided at the beginning of these Terms to indicate the latest changes. It is your responsibility to make yourself aware of changes, and your continued use of, or access to the website following changes to these Terms constitutes your acceptance of those changes.
1.4 If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver of the Terms or any part thereof.
1.5 If you object to any of the Terms set out in this agreement and do not agree to be bound by them, you must leave the website immediately. Failure to do so will indicate your tacit agreement to be bound by the Terms.
§ 2 Products Sold
2.1 The products offered on scottholtart.com are original paintings on canvas or wood panel (the individual description provided identifies the substrate in each case as well as the size and year of completion). Each artwork sold on the website includes a Certificate of Authenticity (COA) signed by the artist. This Certificate is considered an integral part of the artwork and is handled as such. Please see Delivery Conditions in these Terms as well as our Cancellation Policy page, which is part and parcel of these Terms, for more details on delivery and return of COAs.
2.2 All original artworks are sold unframed unless otherwise stated.
§ 3 Conclusion of Contract
3.1 The contractual partner is Scott Holt Fine Art.
3.2 The contractual language is English.
3.3 You must be at least 18 years of age to conclude a contract of sale with Scott Holt Fine Art.
3.4 By entering into a contract with Scott Holt Fine Art, you agree to provide current, complete and accurate purchase and account information and to inform us if this information changes prior to contract conclusion.
3.5 By placing products ‘for sale’ on our website, we are making an offer to enter into a binding sales contract with you regarding those items. You may add our products to the Cart without obligation, and you may amend your entries at any time prior to submitting your binding order. The products you select by pressing the “Add to cart” button are summarized a final time for you in the “Your Order” overview of the Checkout page. Here you can make a final review of the products selected prior to submitting your order. If you wish to make changes to your order at this stage, you may exit the Checkout page and return to the Cart page by pressing the back arrow key.
3.6 By performing any one of the actions listed below, you are accepting our offer for the products in the shopping cart and are entering into a binding contract with Scott Holt Fine Art, governed by these Terms. You are also indicating your willingness to allow us to use the personal ordering information provided by you to process your order. The above-mentioned actions are:
- Clicking the “Buy now” button on the Checkout page of scottholtart.com, or…
- If using the PayPal gateway from the Checkout page of scottholtart.com, clicking the “Pay Now” button (or the equivalent, written in your local language) after logging into your PayPal account, or…
- If using one of the PayPal alternative payment methods, clicking the relevant payment approval button after being redirected to your bank/wallet (the text of this button may vary by method).
3.7 Upon contract completion, we will immediately send an Order Confirmation e-mail to the e-mail address provided by you. This Order Confirmation e-mail is your proof that we have received and accepted your contractually binding order.
3.8 Your order details are saved by us and, upon request, can be resent to you at any time after placement of your order. We strongly recommend printing out the order details and the Terms and Conditions applicable at the time of the order and keeping these for your records.
3.9 Scott Holt Fine Art reserves the right to cancel the contract at any point after initiation if full payment for your order is not received within the specified period of time as given under ‘Payment Conditions’ of these Terms.
3.10 The contract between Scott Holt Fine Art and you, and governed by these Terms, is valid for two years after delivery of your order (the termination of the 2-year warranty period) unless cancelled either by Scott Holt Fine Art or by you, as described under ‘Contract Cancellation (The Right of Withdrawal)’ of these Terms.
§ 4 Contract Cancellation (The Right of Withdrawal)
4.1 If you are a consumer placing an order on scottholtart.com from within the European Union (EU) or European Economic Area (EEA) member states, you are entitled to the statutory right of withdrawal (the right to cancel your contract with us and return your purchased goods) according to §312g (1) of the German civil code (BGB) and as described on our dedicated Cancellation Policy page. Please read this information thoroughly to know your rights before placing an order with Scott Holt Fine Art.
4.2 Businesses are not granted a voluntary right of withdrawal.
4.3 Please note that custom-ordered (commissioned) artworks are excluded from the right of withdrawal according to §312g (2) 1. of the German civil code (BGB).
§ 5 Product Prices
5.1 All prices on products for sale on the website are total prices. Total prices include statutory tax, if applicable.
5.2 Prices for our products are subject to change without notice.
§ 6 Shipping Charges
6.1 We deliver free of charge, worldwide. We reserve the right to change this policy without notice.
6.2 For international deliveries, additional customs charges may apply. You agree to accept and pay these charges and to hold Scott Holt Fine Art non-liable for any portion thereof.
§ 7 Payment Conditions
7.1 We require full payment before we will process and ship your order.
7.2 We offer you the following payment options and terms:
- Offline Direct Bank Transfer: When you choose this option and press the “Buy now” button, you are agreeing to these terms and conditions. You are additionally agreeing that you will thereafter make your payment offline by directing your bank or financial institution to deposit the required funds into our bank account. You will be presented with payment details, and an order confirmation e-mail will be sent to the email address you have provided indicating that your order is on hold until payment is received. The email will also provide you with the banking details required for payment. Your order will be processed and shipped once the funds have cleared our account. If payment has not cleared our account within 5 business days of contract initiation, the order will be cancelled and a cancellation e-mail will be sent to you.
- PayPal Express Checkout: Choosing the PayPal gateway at checkout will open a window allowing two options:
- You may log into your PayPal account to complete payment (requires you to first open a PayPal account). Once logged in, you can make your payment without leaving the www.scottholtart.com website. After payment, you will be presented with your order details and an order confirmation email will be immediately sent to the e-mail address you have provided.
- Alternatively, you may choose to pay directly with a debit or credit card (does not require a PayPal account). PayPal will facilitate the payment through your card-supplier without you leaving the www.scottholtart.com website. After payment, you will be presented with your order details and an order confirmation email will be immediately sent to the e-mail address you have provided.
- PayPal Alternative Payment Methods: When the PayPal radio button is clicked on the Checkout page, alternative payment methods provided by PayPal may appear below the PayPal button. These alternative methods (which are automatically presented with Smart Payment Buttons and vary from country to country) allow you to pay with your bank account, wallet, or other local payment method. These payments are facilitated by PayPal from within the www.scottholtart.com website. After payment, you will be presented with your order details and an order confirmation email will be immediately sent to the e-mail address you have provided. Please note that these payment methods may not be available in your country.
- Credit Card (Stripe): Stripe offers another simple and direct option for paying with your credit card. When you choose Stripe, you will be asked for your credit card details, which are used to complete payment. After payment, you will be presented with your order details and an order confirmation email will be immediately sent to the e-mail address you have provided.
§ 8 Delivery Conditions
8.1 Scott Holt Fine Art reserves the right to choose the shipping carrier for all shipments.
8.2 All delivery times provided on the website are estimates. If delivery is not carried out within the time period specified on the website, you may call upon us to make the delivery within an additional period of time appropriate to the circumstances. If we are still unable to make delivery within this additional period, you have the statutory right to cancel the sales contract. Upon cancellation:
- if no goods have yet been shipped to you, we will refund all payments made by you, prior to cancellation, within fourteen days.
- if the goods have been shipped to you, you are to return the goods (including Certificates of Authenticity) within fourteen days of their delivery into your possession or the possession of a third party, designated by you. We may withhold the refund until such time as we have received the returned goods (including any Certificates of Authenticity) or until you have provided proof of their return shipment, whichever comes first. Refunds will be credited back to the original payment method that you used for this transaction, unless otherwise expressly agreed upon.
8.3 We endeavor to ship all products from a single order as one shipment, but we reserve the right to ship items separately at our discretion.
8.4 Scott Holt Fine Art may, at its discretion, send the Certificate of Authenticity for an artwork separately from the affected artwork, and subject to a delay. In this case, the right of withdrawal period shall begin after delivery of the Certificate.
8.5 Scott Holt Fine Art bears all risk and liability for loss or damage to shipments up to the point that they are handed over to you, or a third party designated by you who is not the carrier. At the point that you or your designated third-party take(s) possession of the shipment, all liability is immediately transferred to you.
8.6 In the case of loss or damage during shipping, you agree to immediately inform the carrier and Scott Holt Fine Art so that a loss/damage claim against the carrier or insurer can be made by us.
8.7 In the case of damage during shipping, you further agree to make available to Scott Holt Fine Art all necessary evidence for making a claim against the carrier (such as photos of the shipping damage).
8.8 You agree that if you fail to inform us in a reasonable and timely manner of damage or loss, we may assume that the damage or loss occurred after delivery (i.e. after we have transferred liability to you).
§ 9 Statutory Warranty
9.1 Scott Holt Fine Art provides a statutory warranty on its products against defects in workmanship and materials for a period of two years. The warranty period begins on the day on which you, or a third party designated by you, who is not the carrier:
- take(s) the goods (including any Certificates of Authenticity) into possession, or…
- in the case that multiple products from a single order arrive separately, take(s) the final goods (including any Certificates of Authenticity) into possession.
9.2 Hand-made, painted artworks inherently contain imperfections in the painted and/or varnished surfaces. These may include, but are not limited to, dust, fiber or brush-hair inclusions, minor scratches, smears, paint droplets, etc. These imperfections are unique to each work and are not defects in workmanship. Scott Holt Fine Art does not warrant against such imperfections but rather celebrates them.
9.3 While we make every effort to display the colors and images of our products that appear on the website as accurately as possible, each viewing device will display them differently. Because we cannot ensure that the image you see will exactly match the artworks you purchase, we do not warrant against color accuracy. This in no way impacts your other statutory rights.
9.4 If a warranty issue arises during the warranty period, you may report it to Scott Holt Fine Art by e-mail (scott@scottholtart.com), or by telephone during our normal business hours (Tel.: +49 4191 2744167).
9.5 Once a warranty issue is raised with Scott Holt Fine Art, you agree to immediately make available to Scott Holt Fine Art all necessary evidence for making a warranty determination (such as photos of the warranty issue).
9.6 When we have received your warranty claim and all necessary evidence required to make a determination, you will immediately receive a confirmation e-mail sent to the address provided by you at checkout. Once we have made a determination as to the validity of the warranty claim (which will be completed no later than fourteen days from receipt of your claim), you will receive a second e-mail with options for issue resolution. If we agree to your claim, these options may include repair or partial/full refund.
§ 10 Your Rights to Purchased Artworks
10.1 All artistic works offered for sale on the website are copyrighted by Scott Holt Fine Art under German and International copyright laws. When you purchase a hand-painted artwork from us, all copyrights to the artwork are retained by Scott Holt Fine Art. You are acquiring only the material ownership of the painting. No other rights are granted or implied. Prohibited uses include, but are not limited to, any reproduction (either digital or physical), public exhibition for financial gain, leasing, or other analogue or digital use.
10.2 You may sell or transfer ownership of the physical painting at any time. The sale or transfer of ownership does not affect or invalidate the copyrights of Scott Holt Fine Art.
§ 11 Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution (ODR), which is accessible at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
